Courts / Kildare / Report
'I'm your husband and I've every right to touch you' State say sentence for violent sex assault was too lenient
Summary
In a case heard by a three‑judge Court of Appeal, a 27‑year‑old man was sentenced to five years' imprisonment for aggravated sexual assault of his estranged wife in Co. Kildare on 19 November 2020. The final 20 months of the sentence were suspended. The judge, Ms Justice Karen O'Connor, noted the assault took place in the victim's home, where she had a right to feel safe, and that she had repeatedly pleaded for the man to leave. The man recorded on camera declared, "I'm your husband and I have every right to touch you." He pleaded guilty to the assault. The Director of Public Prosecutions argued the sentence was too lenient, citing violence, breach of trust and the man's refusal to leave despite pleas. The court considered mitigating factors, including a traumatic brain injury sustained in 2017, and a prior conviction for violence.
Who, what, where, when and why
What: Report matter: 'I'm your husband and I've every right to touch you' State say sentence for violent sex assault was too lenient. Charges or matters: the aggravated sexual assault of his estranged wife at her home in Co Kildare on November 19th, 2020. Procedural stage: appeal
When:
- November 19th, 2020 Incident
- December 2017 Hearing Or Sentence
- May 19th Hearing Or Sentence
- 2023-05-15 Publication
Why: However, Mr John Edwards said simply because the offence was serious, did not mean the respondent was entitled to less credit for the very serious mitigating factors. CNI source report
Case subjects
Defendant
Charges: the aggravated sexual assault of his estranged wife at her home in Co Kildare on November 19th, 2020 (Admitted)
Plea: Guilty
Outcome: The man, who cannot be named to protect the identity of his former wife and their child, received a five-year prison sentence with the final 20 months suspended. Mr Coffey said the reduction from the headline sentence to the sentence imposed, the degree in which that was suspended and the period it was suspended for was "accumulatively too much".
Places mentioned
- Court of Appeal
Topics
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